The Arbitration Station

Brian kicks things off by welcoming David Hunt of Boies Schiller Flexner to unpack the ever-spicier topic of anti-suit injunctions, using the UK Supreme Court's decision in UniCredit Bank GmbH v RusChemAlliance LLC as a springboard [TIME 13:18]. They explore how the case intersects with the proposed revisions to the Arbitration Act 1996, revisit Enka v Chubb, and debate whether the English courts' approach is evolving. If anti-suit injunctions and jurisdictional gateways are your thing, this one's for you.For Happy Fun Time, Sadia is joined once again by arbitration-lawyer-turned-productivity-guru, coach Jon Passaro [TIME 39:52]. Jon breaks down how a business plan can keep a career on track, sharing a examples listeners can use for their own practice.

In our season opener, Sadia welcomes back Professor Loukas Mistelis, a senior international‑arbitration partner at Clyde & Co, professor of transnational dispute resolution at Queen Mary University of London, and newly appointed co‑chair of London International Disputes Week (LIDW), to talk about how this year's programme was designed, the thinking behind its themes, and the innovative approaches shaping one of the world's leading legal events [TIME 05:39].

We are back!

In this festive special episode, Brian and Joel welcome a notable guest, Hon. Charles N. Brower, to their book club gathering [TIME 05:12]. The episode centers around Judge Brower's memoir, "Judging Iran: A Memoir of the Hague, the White House, and Life on the Front Line of International Justice." The hosts engage in a deep dive into the Judge's rich experiences and perspectives, exploring his significant journey through various international legal spheres.

Saadia is back! To welcome her back, Brian discusses the relatively recent UK Supreme Court judgement that has caused a shake-up for third-party funders [TIME 02:52]. But are the consequences as far reaching as originally expected? For HFT, Brian and Saadia discuss the "who, what, when and why" for requesting extensions in arbitration [TIME 20:26].

We are happy to welcome Joel back into your ears - albeit briefly - for another great episode. Brian interviews Mark Tushingham from Twenty Essex about two simultaneous decisions handed down by the UK Supreme Court and Privy Council grappling with the interpretation of Section 9 of the Arbitration Act [TIME 04:40]. For HFT, we welcome back Jon Passaro who will coach us on how to invest time now to save time in the future [TIME 28:04].

In this episode, Brian and Jan delve into the nuances of early dismissal applications in international arbitration. They discuss the ethical and strategic considerations that emerge from such applications [TIME 03:05]. During the Happy Fun Time segment, Brian offers his insights on conditional fee arrangements and explores other innovative fee arrangement types between arbitration lawyers and their clients [TIME 20:00].

Brian and Jan are back for another entertaining episode. Brian first interviews Duncan Pickard about recent challenges concerning the representation of Member States at the United Nations [TIME 04:13]. Brian and Jan then react to the contribution from our listenership as they complete the sentence: “You know you work in arbitration when…” [TIME 36:03].

In this packed episode, Brian dives into a thought-provoking discussion with Tim Robbins, exploring the intricacies of efficiency in arbitration [TIME 05:49]. We're also joined by Simon Camilleri, who brings us keen insights into the Law Commission's final report on the reform of the English Arbitration Act 1996 [TIME 36:58]. And stick around for our Happy Fun Time segment, where Brian and Jan demystify the utility of programming in our professional undertakings [TIME 59:34].

Groove back into gear, Arbitration Nation, because we are rolling back after our sunny summer siesta! First up, Brian speaks to Andrew Fulton KC and Manuel Casas, as they dive deep into a tale of politics intertwining with international law, the Maduro Saga [TIME 05:22]. For Happy Fun Time, Brian and Jan will be discussing the latest shifts in the WFH policies which are making waves in the legal industry [TIME 30:55].

We hope everyone is enjoying their summer holiday (if you're fortunate enough to have one)! As you relax, we have another great episode for you. First, Brian treats us to a review of the partial annulment of the Khudyan v. Armenia award concerning issues of dual nationality [TIME 6:35]. For HFT, we invite back Jonathan Passaro for another great interview concerning the dreaded annual reviews [TIME 26:47]. Don't forget to register for the 20th Anniversary ICAL Conference in Stockholm here: https://www.icalalumni.org/2023-ical-conference

In Episode 6, Saadia introduces a news-worthy update about the multi-jurisdictional saga regarding the recognition and enforcement of a USD 15 billion arbitration award issued between the heirs of the Sultan of Sulu and Malaysia [TIME 06:16]. Then, for HFT, Brian recounts the trials and tribulations of file sharing and how institutions are adapting their technology to facilitate case management [TIME 25:15].

With a full suite of co-hosts, we tackle a question that has bothered us all: why do people confuse arbitration with arbitrage [TIME 34:12]? But before that, we engage in another Arbitration Book Club discussion, this time based on our reading of Mikaël Schinazi's book The Three Ages of International Commercial Arbitration [TIME 03:31].For those who, like us, remain confused please see the following dictionary definitions:Arbitration: “[t]he formal process of having an outside person, chosen by both sides to a disagreement, end the disagreement“Arbitrage: “[t]he method on the stock exchange of buying something in one place and selling it in another place at the same time, in order to make a profit from the difference in price in the two places“

In Episode 3, Brian welcomes the first interview of the season, Simon Camilleri [TIME 06:40], who introduces the proposed reforms to the English Arbitration Act of 1996. We discuss the consultation process and our personal views on the need and adequacy of the reforms. Then, for HFT [TIME 27:24], Brian and Saadia discuss how close is too close in the arbitration community - are we victims of challenge paranoia?

We're back in business, with a slightly changed format: shorter, snappier, and a semi-retired Joel. In this first episode, we discuss how different aspects of recent technology advancements influences the practice of arbitration. Brian first discusses the development toward decentralised autonomous organisations [TIME 05:27], before the season's first Happy Fun Time addresses how AI tools are changing how we conduct arbitration work [TIME 20:08].

Kluwer Arbitration Blog Quiz: According to arbitration historian Derek Roebuck, what practice was widely used during the reign of her majesty Queen Elizabeth I to avoid the involvement of the Crown in disputes? This was one of the questions asked at the first ever live Kluwer Arbitration Blog Quiz. If you are scratching your head for the answer, fear not, we captured the whole event live!

ICCA 2022 Mini-Series - Part 6: Last but certainly not least, Saadia interviews Mahnaz Malik, barrister at Twenty Essex in London. Saadia and Mahnaz discuss whether arbitration is suffering from a mid-life crisis, how the field has evolved since its inception and the key changes we can expect to see in the future.

ICCA 2022 Mini-Series - Part 5: In our fifth instalment, we interviewed a Scottish local (well, sort of). James Hope, a Partner at Vinge in Stockholm, sits down to discuss the progress of fairness and diversity in arbitration. He specifically reflects on the importance of the rule of law, even in war times, and arbitration as being a tool for peace.

ICCA 2022 Mini-Series - Part 4: In our fourth instalment, we spoke to the only sociologist in the room…well, at least one of very few. We sit down with Florian Grisel, Associate Professor of Socio-Legal Studies at Oxford University, who spoke to us about some sociological perspectives of international arbitration. Can arbitration practitioners learn from a dialogue with sociology? Listen to this episode and let us know!

ICCA 2022 Mini-Series - Part 3: In our third instalment, we interview Wolf Von Kumer, a leading independent arbitrator/mediator with Arbitra International. Wolf spoke with Brian about recent developments in the energy sector and how the energy transition will create new opportunities for the use of (mixed mode) mediation in Investor-State disputes.

In our second instalment, we shift our focus to another region - Latin America. Eduardo Zuleta joins us to discuss certain actions of constitutionality that have shaped the practice of both commercial and investment arbitration in the region.

Welcome to the ICCA 2022 Mini-Series! Similar to our broadcast from Sydney, we were kindly invited by the organizers of the ICCA 2022 Congress in Edinburgh to participate as media sponsors and broadcast interviews of panelists who spoke at the conference. In the first episode, we wanted to give you an interview that was emblematic of the Congress' theme - the Age of Enlightenment. We interviewed Professor Emilia Onyema about the significant reforms in Africa that have been and will be necessary to render arbitration more effective and to integrate international best practices.

We could not help ourselves – we had to come back with a mid-season special. In this special episode, we talk to Krystyna Khripkova regarding the current state of play for Ukrainian arbitration firms and practitioners, both in Ukraine and abroad [Time 07:42]. We also wanted to take this opportunity to invite anyone and everyone to register for the 2022 ICCA Congress in Edinburgh on 18-21 September 2022 (Register - ICCA 2022 (icca2020.scot)). The podcast is happy to participate as a media sponsor for another amazing event and look forward to meeting all the delegates who can attend.

Five years and 99 episodes later, three co-hosts and one producer/editor sit down to evaluate what we have done so far. We look back to high and low points from earlier episodes, enjoy a few messages from listeners and hear Brian speak offensive mock-French at least three times. Warning - consider the episode a summer bonus, because there's very little fresh arbitration content in this one! We will be back after the summer with more of that.

The Arbitration Station is getting very close to the big three digits - Episode 100 is just around the corner. For now, we discuss ordre public/public policy/public order/IPO (there's some terminology confusion on this point) as well as standard of review based on a recent French court decision on the review of an investment treaty award [TIME: 9:15]. The second topic is related, and concerns how to handle advocacy in arbitrations that involve elements of criminal law [TIME: 32:52]. This week's Happy Fun Time, finally, involves a discussion about the relationship to your clients [TIME: 48:00].

With no guests and (almost) no preparation, Saadia, Brian and Joel discuss three issues and ask more questions than they are giving answers. First up is the ICC Court's scrutiny of draft arbitral awards [TIME 10:50], followed by tribunals' power to disqualify counsel [TIME 29:14]. Happy Fun Time gives the episode its name: how do we plead (and decide cases) based on foreign law, i.e. a law that we are not formally qualified in [TIME: 46:57?

Hola nerd amigos! We talk to Mohammad Tavana about the application of Sharia law in international arbitration [TIME 07:44]. Then Saadia, just back from a trip to Rwanda and Cote d'Ivoire, discusses some of the investment law and arbitration related trends on the African continent, in particular the AfCFTA treaty [TIME 35:46]. Our Happy Fun Time topic gives the episode its name (it could also have been “The Sharia Arbitration” or “The Fifty-Four States”) - what is the status of the billable hour model, for counsel and arbitrators [TIME 01:00:53]?

With Joel on holiday, the others talk about one of the more crucial early steps of any arbitration - the advance on costs [TIME 07:33]. We then interview, much overdue, Dorieke Overduin, Senior Legal Advisor with the Dutch Ministerie van Economische Zaken en Klimaat about her work with drafting the Dutch Model BIT and about the role and function of model BITs more generally [TIME 27:19]. Saadia and Brian also have a happy fun time talking about the Metaverse [TIME 59:33].

We manage to clock in under an hour, by restricting ourselves to two topics. First, we discuss the notion of territory in investment arbitration, from several different angles that cover both annexations and the metaverse [TIME 11:21]. We then discuss experts for Happy Fun Time, more precisely how to shop for them, how to find them and how to replace them in an arbitration TIME[34:14].PS: With eerie timing, the Stabil and other v. Russia award was made public on the same day we recorded, so our statement that all Crimean cases remain unpublished it's no longer true. The award can be found, among other places, at our favorite IAReporter.

First, we're introducing our new guest correspondent Leonor (familiar to loyal listeners), who talks to Lucy Greenwood about how the Green Pledge has morphed and how it is implemented in the real world [TIME 11:40] The three co-hosts then discuss an issue which is very top of the international arbitration community's mind in times of war and sanctions: counsel withdrawal [TIME 38:41]. As always, we try to finish with a very Happy Fun Time, which sees us express some concerns about “pay to play” publications and conferences [TIME 56:49].

No (normal) Arbitration Station episode this week. A country where we all have friends and colleagues - and where there's a very strong arbitration community - is under attack and we could not bring ourselves to record our prepared segments or have a Happy Fun Time. There will be reasons to return to the many legal issues arising out of this war, but now is not the time. Now is the time to be human, and to stand with Ukraine. A few ways to help: 1. Donate to the NGO Save Life or to the special account opened by the National Bank of Ukraine. 2. Join initiatives for lawyers, such as United for Ukraine . 3. Further information about ways to help as a foreigner is here.

After trying for several seasons, Joel manages to finally talk the others into recording a somewhat shorter episode. We achieve this by focusing on only one substantive topic, namely settlements - when, how and why do arbitrations settle [TIME 07:09]? Happy Fun Time is about what to do when you don't have anything to do, or more precisely: how to allow yourself to relax in an otherwise stressful legal profession [TIME 30:32].

Saadia and Joel sit down to discuss the concept of an investment's “unity“, inspired by a recent key note speech by Christoph Schreuer [TIME 07:03] This week's guest is Jonathan Passaro, who left big law to become an executive coach and now uses his experience as an arbitration lawyer to coach other lawyers to become happier and better professionals [TIME 29:14}. Joel then leads Happy Fun Time, trying (and failing) to reconceptualize how we talk about and refer to old cases [TIME 57:08}.

Back from holidays spent in three different places, we talk about the CIArb Framework Guideline on the Use of Technology in International Arbitration [TIME 06:43], which Saadia has read. Brian then interviews Jenna Burton of Raedas, an expert on corporate intelligence who often works in arbitration-related matters [TIME 35:44]. The first Happy Fun Time of 2022 sees us taking on transcript corrections from a practical perspective - how does the presence of an official live record influence the lives of arbitration lawyers [TIME 01:00:20]?

For the final episode of the year, the three co-hosts are in three different cities, engaging in three different topics: Brian first talks about contractual preconditions to arbitration, with a specific focus on the construction sector [TIME 08:49], after which Saadia and Joel interview Michael Waibel, professor at University of Vienna about treaty interpretation [TIME 30:37]. The year's last Happy Fun Time is a discussion on loyalty, more specifically about brand/employer loyalty: what do you do when a firm splits, or a partner leaves for another firm [TIME 0:1:00:30]? Happy holidays to all arbitration nerds out there, we'll be back in 2022!

In a rare example of thematic consistency, all three segments touch on how to behave (and how not to behave) in international arbitration. We first speak to Baiju Vasani of Ivanyan & Partners, who on LinkedIn has been posting an excellent series of mentoring posts for arbitration lawyers [TIME 13:29]. The three co-hosts then discuss the recent ICCA Guidelines on Standards of Practice in International Arbitration [TIME 51:24]. We close out on a Happy Fun Time focused on the occasionally less civil aspects of arbitration - sometimes referred to as guerilla tactics [TIME 01:15:30].

Brian is in Dubai on (arbitration) business and we are all amazed that things are returning to normal, at least for the time being. Saadia opens up the episode with a much-overdue segment on burden of proof/standard of proof [TIME 10:37]. We then speak to James Clanchy, independent arbitrator and Honorary Secretary of the London Maritime Arbitrators Association, about maritime arbitration [TIME 34:43]. This week's Happy Fun Time [TIME 01:10:58] is about post-pandemic networking - what has changed?

Things are very, very slowly returning to normal in London but we start off with an interview with Paris-based Veronica Korom about something that happened in Luxembourg: the CJEU's Komstroy decision about the intra-EU applicability of the ECT [TIME 10:10]. Joel then goes down the procedural rabbit hole, discussing various post-award measures beyond set-asides and enforcement, such as interpretation and correction of awards [TIME 45:45], before we close out with a HFT on self-citation: how and when should arbitrators, counsel and academics cite themselves [TIME 01:09:05}?

Somewhat delayed, we're finally back with Season 6! We try to understand what happened when the DIFC-LCIA (in Dubai) was abolished [TIME 12:18], Brian has talked to Ambassador Keith Harper about indigenous rights and their overlap with dispute resolution [TIME 36:22], and the inaugural Happy Fun Time concerns Anti-Money Laundering - how do these obligations influence real life on the factory floor of arbitration [TIME: 01:04:13]? We'll be on the air every other Tuesday for the foreseeable future starting… NOW!

In what we think is episode 84 of the Arbitration Station, we round off Season 5 with an interview with Ucheora Onwuamaegbu about the United Nations Compensation Commission [TIME 12:58]. Then, Saadia has read the 2021 International Arbitration Survey and quizzes the others on what respondents may have to say about the state of international arbitration [TIME 51:37]. The season is concluded by a Happy Fun Time where we discuss some trends and developments from the last season or so [TIME 01:19:36]. We will talk to you again after the summer. Stay safe!

For this episode, we have neatly given ourselves one segment per person. Saadia first talks to Sophie Nappert about ArbTech, a forum of which she is a co-founder [TIME 10:36]. Then, Joel has read and almost understood Advocate General Kokott's opinion in Poland v. PL Holdings [TIME 41:20]. Brian closes out the episode, with a highly scientific comparative study of the world's airports - soon, soon we can travel again [TIME 59:24].

After a short break, the Arbitration Station is back with escalation clauses (aka multi-tiered dispute resolution clauses or cooling off-clauses) [TIME 10:57], followed by an interview with Leonor Díaz-Córdova and Natalie Hall about cognitive bias in arbitral decision-making, the subject of an upcoming article of theirs [TIME 38:53]. Happy Fun Time closes us out with a discussion on social media practices for arbitrators and other arbitration practitioners [TIME 01:21:10]. Joel's book can be bought here, use discount code 71345 at check-out!Read more about the CAS case with the tweeting arbitrator here.

This week's episode has a focus on mediation, which we attack by speaking to two different experts, who offer different perspectives on this type of arbitration-adjacent dispute resolution: Anne-Karin Grill in Vienna [TIME 12:27] and James Claxton in Kyoto [TIME 48:20]. Hopefully we have now answered our own question from Season 1: “Mediation - who cares?“ We then round off the episode with a Happy Fun Time on the topic Diversity of Diversity [TIME 01:19:53].PS, The link for Joel's book is here.

Hello there! This week we talk to Iaroslav Gregirchak, the Ukrainian Deputy Business Ombudsman about the work of that very interesting body [TIME 12:04]. We follow up with a second interview, this one with Andre Luis Monteiro on the cross-section of insolvency arbitration [TIME 49:43]. Happy Fun Time was recorded on International Women's Day, which prompted us to speak about an ugly creature in the conference-heavy world of arbitration: manels [TIME 01:22:25].PS, The French-language conference which Saadia mentions initially, co-organized by her firm Gide and the African Academy of the Practice of Public International Law is available here.

The Arbitration Station Book Club is back! We have read The Unruly Notion of Abuse of Rights and we're talking about that book together with none other than its author Jan Paulsson [TIME 0:14:45]. The second segment is some arbitration fundamenta: challenges of arbitrators [0:47:21], which is followed by a Happy Fun Time discussion on paralegals: how to be one, how to manage one and how to appreciate them all [1:18:13]

Winter has come to the UK, but the Arbitration Station is full of hot takes. Saadia and Joel speak to University of Richmond law professor Chiara Giorgetti [TIME 07:13], who was heavily involved in the drafting of the Draft Code of Conduct for Adjudicators in Investor-State Dispute Settlement, issued by ICSID and UNCITRAL (which we first talked about on S04E15). The Draft Code has now received comments from states and other stakeholders and it's on the table at UNCITRAL this week so the timing is great. Saadia then discusses FDI screening and its intersection with investment disputes [TIME 42:37], before the two law firm employees have a Happy Fun Time talking about filings and what happens to your life during those [TIME 01:07:32].

Well rested from our holiday hiatus, we're back to tackle some of the truly big issues. First out is investment treaty claims arising out of holocaust survivors' seized property [TIME 09:03], followed by Rachael O'Grady talking about space arbitration [TIME 30:25]. After opening with the holocaust and space, we go small and end with a Happy Fun Time involving Saadia's new favorite acronym: ESL, or English as a Second Language [TIME 01:01:03]. What are the challenges facing those of us who work in a non-native language - and what does Brian think of the others' English?

Before taking some time off, we finish the season with a much-awaited interview with Kaj Hobér [TIME 14:40], conducted at the Swedish Law Day webinar. Then we sign off by following tradition and discussing holiday gifts, both related to arbitration and… less so [TIME 46:10]. Happy Holidays to all, and special thanks to our sponsor IAReporter.Among the potential gifts mentioned: JOELGirl, Woman, Other Ducks, Newburyport Crossing to Safety BRIANBlue Snowball USB Mic Long Arm Swivel Clamp The Last Waltz of the Law of Nations SAADIA The unruly notion of Abuse of RightsIdentity and Diversity on the International Bench Is International Law International?

Brian and Joel talk to David Kasdan, a very experienced court reporter with hundreds of arbitrations under his belt, about the crucial but sometimes overlooked role as transcriber in chief during an arbitration [TIME 11:31]. Saadia then takes us on a trip through the updated ICC and LCIA Rules [TIME 47:11], before we have a Happy Fun Time talking about boutique/spin-off firms - and this week's HFT contains some front-page news [TIME 01:14:08!